Statement by Tebogo Mafole at the meeting of the Special Committee against Apartheid in Observance of the day of Solidarity with South African Political Prisoners

2 November 1993

A few days ago, on 7 October 1993, the United Nations General Assembly adopted by consensus a resolution lifting economic sanctions against South Africa (resolution 48/1). In so doing, the peoples of the world, as represented in this world body, delivered an overwhelming endorsement of the call made by the President of the African National Congress of South Africa (ANC), Nelson Mandela, in a meeting held by this Special Committee on 24 September. This historic decision by the General Assembly underlined a clear understanding by the world community that the democratization process in South Africa had reached a decisive stage and that therefore, in order to ensure that that process moved forward without delay, it was essential that South Africa`s economy be revitalized to help address the glaring socio-economic inequities that constitutes a legacy of apartheid.

Thus, the significance of the resolution does not lie merely in its provision for the lifting of sanctions against South Africa but, much more important, in the fact that it serves as a definite benchmark in the conduct of relations between South Africa and the world. Indeed, it can be said that that decision will greatly facilitate the ending of the country`s pariah status and clear the way for a democratic South Africa to take its rightful place among the community of nations.

That the struggle in South Africa has reached such heights is a great tribute to the people of our country who, over many decades, have waged a relentless struggle against a vicious enemy in the course of which they have paid and continue to pay a heavy price with their sweat and blood. Yet even they have never failed to acknowledge that the intervention of the international community in the struggle has been highly critical.

It is widely accepted across the length and breadth of South Africa that the various contingents of the world community, including the United Nations, have made a sterling contribution. We are therefore very pleased to place on record our indebtedness to the United Nations Special Committee against Apartheid for the pioneering role it has played over the years in galvanizing world support for our cause.

The commemoration of the International Day of Solidarity with South African Political Prisoners, for which we are gathered here today and which the Special Committee has organized every year, has always served to place the tragic plight of political prisoners in South Africa under the full glare of the international spotlight. The ruthlessness with which the apartheid regime responded to political dissent over the years meant that at any given time South Africa had the highest per capita prison population. Moreover, our country enjoyed the dubious distinction of leading the world in both the incidence and the severity of atrocities perpetrated against prisoners in general, and political prisoners in particular.

It came as no surprise, therefore, that for many years in succession South Africa had the highest number of people who died in police custody. The commemoration of this Day has therefore helped to energize people of conscience the world over, resulting in the ground swell of support for the massive campaign for the release of political prisoners in South Africa. This in turn has greatly inspired and strengthened those who were incarcerated, enabling them to withstand the atrocities in prison.

Today it is a matter of proud historical record that the apartheid regime was prevailed upon through pressure from both inside and outside South Africa to release political prisoners, including such prominent members of the ANC as Nelson Mandela, ANC Deputy President Walter Sisulu, Govan Mbeki and many others.

While the recent political developments in South Africa, particularly the progress registered at the Constitutional Negotiations Forum, amply justify optimism about the future of our country, it would be a serious error in judgement to act in a manner that suggested that the struggle for democracy is over in South Africa. On the contrary. As we approach the point where we shall for ever consign apartheid to the dustbin of history, it is precisely at this point that those who are opposed to democratic transformations are making a last-ditch stand.

There are thus a number of very serious hurdles that stand in the way of progress, and they include the following matters.

First, there is the issue of political prisoners itself. On this question the South African regime has entered into a number of agreements with the African National Congress, including the Groote Schuur Minute, the Pretoria Minute, and the Record of Understanding that was signed on 26 September 1992.

In the terms of each of these agreements, the regime gave solemn undertakings to release the remaining political prisoners. To this end, joint commissions have on occasion been established in order to obviate the problem of bureaucratic bottlenecks and thus speed up the process of the release of the remaining political prisoners.

It is regrettable that we must say that despite all these efforts the South African regime has yet to implement in full its commitments under the provisions I have mentioned. As a result of this, there are currently, according to our estimates, no less than 86 political prisoners in South Africa who have been acknowledged as such by the relevant judicial bodies and who are awaiting a signature from the Head of State for their release. It is also very important to note that these judicial bodies have themselves expressed concern over the fact that there has been no movement in this direction.

There is no reason why these people should continue to be imprisoned, since, according to the regime itself, there has been an understanding that they are political prisoners who are qualified to be released. Moreover, the Commission on Human Rights, in its summary report on repression for the month of September 1993, reveals highly disturbing trends. This study shows that during the month of September alone 69 people were detained without trial, bringing the total for the year to 571. This represents a monthly average of 63.4, compared to a monthly average of 37.6 last year.

Furthermore, at the end of September this year, 82 political trials involving 744 accused were still ongoing. During the same month, there were 214 politically related arrests. It is alarming and totally unacceptable that as we seriously grapple with the formidable task of formulating a constitutional dispensation, the regime should be reverting to the totalitarian methods which characterized the worst features of apartheid rule. It need hardly be emphasized that unless the issue is given the very serious attention it deserves, it may yet lead to the erosion of the very good faith that is so essential in the continuing negotiation process. It would therefore seem that the international community should continue to exercise its leverage in order to ensure that the regime fully meets its solemn commitments in this regard.

The second major problem that cries out for a speedy solution is the escalating political violence. The toll in life and property is extremely heavy; indeed, it has now reached alarming proportions. The report of the Commission on Human Rights I referred to earlier states that during the month of September there were 577 incidents of political violence, which claimed over 479 lives, an average of 16 deaths per day. The total number of deaths this year alone is 3,049. The sheer magnitude of human misery resulting from this violence is itself sufficient reason for a concerted effort to be made in search of a solution.

The second and equally important reason for concern is that unless something is done about this violence the successes in the negotiations for a democratic constitution may very well fail to translate into a democratic South Africa. It is our considered view that to address this issue effectively requires a very clear understanding of the causes of the violence. We are in total agreement with Justice Goldstone, who declared that the fundamental cause of the violence in South Africa is apartheid. Through the systematic and persistent use of violence, the apartheid regime promoted and nurtured a culture of intolerance. Furthermore, the extreme deprivation of the majority of the people through the most brutal exploitation has created a very fertile ground for such violence. In instances where people have nothing to fight for, nothing to live for, it is understandable that they should see violence as a way out.

To say this is not to say that we condone violence. All we are saying is that unless those conditions that have given rise to the measures of violence and continue to feed it are addressed there is very little chance of succeeding in addressing this issue. To say this is not to suggest that the South African political parties themselves have no part in addressing this question. But while all the parties in South Africa have a responsibility to find the means to end the violence, it remains the primary responsibility of the regime to use its resources to stop this violence. It is therefore not by accident that both the General Assembly and the Security Council have repeatedly called upon the Government to address this matter in a very serious manner.

In its resolution, the Security Council urged the regime to implement in full the recommendation of its own commission, the Goldstone Commission. And again it is sad to have to say that, in spite of the repeated calls from the international community, the regime has yet to implement in full the recommendations of the Commission it established itself.

In many ways, the political violence in South Africa is directly linked to the negotiation process currently under way. It is no secret that violence is by and large fomented by those who are afraid of democratic transformations and who therefore have a vested interest in the status quo. It is also not very difficult to see that each time there is about to be a breakthrough in the negotiations, a new spiral of violence erupts. The most recent developments seem to point ominously in the direction of an escalation rather than a deceleration of violence as we move towards the elections.

If the intentions of the recently established Freedom Alliance are anything to go by, then the chances of resolving the violence in South Africa are in fact diminishing. This political grouping, comprising the Inkatha Freedom Party, the Afrikaner Volks Front, the Ciskei National Independence Party and the Bophuthatswana Democratic Party, has as one of its declared objectives to ensure that the very first democratic elections, scheduled for 27 April 1994, do not take place.

It is therefore to be hoped that the Special Committee and the United Nations generally will pronounce themselves on this issue in an effort to encourage all the parties to commit themselves to the programme that has already been agreed to. It is a paradox of South African political reality that while the inability to deal effectively with violence impacts negatively on the delicate process of negotiations and indeed has the potential to scuttle the entire process, the perception of endless negotiations with no tangible results may itself lead to the exacerbation of violence. This therefore clearly dictates that a viable approach to the current problem is one that will seek to strengthen the structures established within the framework of the National Peace Accord, imperfect as they are, as well as to encourage universal participation in the negotiation process.

This, in the view of the ANC, is not just the best option: it is essentially the only option we have if our country is not to be thrown into a deeper tragedy.

In this regard, we would like to register our deeply felt satisfaction with the work of the United Nations Observer Mission in South Africa. We greatly appreciate all the efforts aimed at strengthening the Mission, given the enormous task that is facing the entire body of international observers. In this connection, we would like to place on record our appreciation of the decision by the Secretary-General and the Security Council to increase the number of United Nations observers in South Africa. We wish, however, given the figures we have cited and the escalating situation of violence we have mentioned, to appeal to the Secretary-General and the Security Council to see their way clear to increasing the number of observers even further.

Allow me to flag one more point before I conclude: the question of the way forward. Where are we going from here?

As is clearly understood, we are at a point where we are about to establish the Transitional Executive Council, pending the adoption of an interim constitution, which in turn will be ratified by a special session of Parliament. It is to be hoped that once these formalities have been completed, possibly by next month, we shall have established that Council.

The significance of that Council lies in the fact that it has within it certain very important bodies, including the Independent Electoral Commission, which has been charged with the responsibility of conducting elections in South Africa. The establishment of that Commission will, in our view, help facilitate and define the role of the United Nations in the electoral process in South Africa. The Commission will seek to work out the precise nature and precise manner of United Nations intervention in South Africa. We feel that this is very important because, as we have said in the past, when 19 million South African voters are going to the polls for the first time, it is extremely important that the political playing field be level and that, when the results are in, the election be seen to have been free and fair. We are therefore looking forward to the establishment of this Council, its commission and the participation of the United Nations in this effort.

We are gratified that the Special Committee against Apartheid has already, with its previous work, organized United Nations organs and bodies in preparation for their future role in South Africa. We would therefore hope that in its report to the General Assembly the Special Committee will urge the Assembly to give a very positive response to the call that is to be made by the Electoral Commission.

The General Assembly will be debating the issue of South Africa beyond the question of sanctions. We are looking forward to this debate precisely because it is, we hope, the last debate we shall hold. In fact, it can easily be regarded as a make-or-break debate, depending on how properly it defines the role of the United Nations and the international community and prepares them to give the people of South Africa the requisite assistance to ensure that a free and democratic South Africa emerges from the ashes of the outdated apartheid system. We are also hopeful that the General Assembly`s resolution on lifting sanctions will, in fact, enable the various Member States to provide the assistance required to ensure that a democratic government in South Africa is well placed to address the glaring socio-economic inequalities bequeathed to us by apartheid.

We are hoping, finally, that this will be the last time that we commemorate the Day of Solidarity with South African Political Prisoners. If everything goes according to plan, come 27 April the people of South Africa will vote and will settle all the issues, including whatever might remain of the problem of political prisoners in our country.